Expert EB-5 immigrant investor visa attorney serving New York investors seeking permanent residence through qualified business investments. Comprehensive legal representation for I-526E petitions, regional center investments, direct investments, and I-829 removal of conditions.
The EB-5 program offers foreign nationals a pathway to U.S. green cards through $800,000 or $1,050,000 job-creating investments. From due diligence and source of funds documentation through permanent residence, our experienced immigration attorneys provide strategic guidance for successful EB-5 petitions.
Comprehensive EB-5 immigrant investor representation from investment selection through permanent residence
Comprehensive analysis of EB-5 investment opportunities including regional center projects and direct investments. Due diligence review of business plans, financial projections, job creation models, and developer track records. Investment amount guidance: $800,000 for TEA (Targeted Employment Area) or $1,050,000 for non-TEA investments.
Complete preparation and filing of Form I-526E Immigrant Petition by Regional Center Investor. Detailed documentation of capital investment, lawful source of funds, at-risk capital requirements, and job creation methodology. Comprehensive legal brief demonstrating compliance with all EB-5 statutory and regulatory requirements.
Meticulous preparation of source of funds evidence demonstrating lawful origin of investment capital. Documentation strategies for business income, real estate sales, gifts, loans, inheritance, stock sales, and other capital sources. Tax return analysis, bank statements, asset valuations, and financial expert support for complex sourcing scenarios.
I-829 petition filing within 90-day window before two-year conditional residence expires. Evidence compilation demonstrating sustained investment, capital at-risk throughout conditional period, and required job creation. Comprehensive documentation package proving compliance with all EB-5 program requirements for permanent residence approval.
Understanding your EB-5 investment pathways and requirements
Investment in USCIS-designated regional center projects. Passive investment model requiring $800,000 (TEA) or $1,050,000 (non-TEA). Job creation calculated using economic modeling (direct, indirect, induced jobs). Most common EB-5 pathway offering diversified investment options across real estate, infrastructure, and business sectors.
Direct investment in new commercial enterprise requiring active management participation. Investor creates and operates own business or acquires existing business requiring restructuring. Must directly create 10 full-time jobs for U.S. workers. Greater control over investment and business operations but requires hands-on involvement.
Reduced investment threshold of $800,000 (vs. $1,050,000) for projects in Targeted Employment Areas. TEA designation based on rural location or high unemployment (150% of national average). State workforce agencies issue TEA determination letters. TEA investments comprise majority of EB-5 activity due to lower capital requirement.
Each EB-5 investor must create 10 full-time jobs for qualifying U.S. workers (citizens, permanent residents, other authorized workers). Regional center investors may count indirect and induced jobs. Direct investors must create direct jobs only. Jobs must be created within 2.5 years of conditional residence or reasonable time specified in business plan.
Step-by-step guide to obtaining permanent residence through EB-5 immigrant investor program
Select qualifying EB-5 investment: regional center project or direct investment. Conduct thorough due diligence on business plan, financial projections, developer credentials, and job creation model. Determine investment amount based on TEA vs. non-TEA designation. Review offering documents and subscription agreements.
Compile comprehensive source of funds documentation demonstrating lawful origin of investment capital. Gather tax returns, bank statements, business records, asset sale documentation, gift letters, and other evidence. Transfer capital to new commercial enterprise or regional center project escrow account.
Prepare and file Form I-526E with detailed business plan, job creation analysis, source of funds evidence, and investment documentation. Legal brief addressing all statutory requirements. USCIS processing time currently 24-36 months. Premium processing not available for I-526E petitions.
After I-526E approval, apply for immigrant visa at U.S. consulate (if abroad) or file I-485 adjustment of status (if in U.S.). Attend visa interview or biometrics appointment. Upon approval, receive two-year conditional permanent residence. Family members (spouse and unmarried children under 21) included as derivatives.
Within 90-day window before two-year conditional residence expires, file I-829 petition. Demonstrate sustained investment, capital remained at-risk, and required jobs created (10 full-time positions per investor). Upon I-829 approval, receive unconditional permanent residence (10-year green card).
The EB-5 program allows foreign nationals to obtain U.S. permanent residence by investing in job-creating U.S. businesses. Requirements: (1) Invest $800,000 in Targeted Employment Area or $1,050,000 in non-TEA, (2) Investment must create 10 full-time jobs for U.S. workers, (3) Capital must be at-risk in for-profit enterprise. Investor receives two-year conditional green card, then applies for permanent residence through I-829 petition after demonstrating sustained investment and job creation. Family members (spouse and children under 21) receive derivative green cards.
Minimum EB-5 investment amounts: $800,000 for investments in Targeted Employment Areas (TEAs) or $1,050,000 for non-TEA investments. TEAs include rural areas or locations with unemployment at least 150% of national average. These amounts became effective November 21, 2019, and adjust every 5 years for inflation. Investment must remain at-risk throughout two-year conditional residence period. Additionally, budget for legal fees ($25,000-$50,000), USCIS filing fees ($3,675 for I-526E, $3,750 for I-829), and administrative costs.
Regional centers are USCIS-designated entities sponsoring EB-5 investment projects in specific geographic areas and industries. Benefits: passive investment (no active management required), job creation counts indirect/induced jobs (easier to meet 10-job requirement), professional management, diversified projects. Approximately 95% of EB-5 investors choose regional center route. Regional centers offer real estate, infrastructure, and business investments. Conduct thorough due diligence on regional center track record, project financials, developer credentials, and job creation model before investing.
Total EB-5 timeline: 3-5 years from investment to unconditional green card. I-526E petition processing: 24-36 months (no premium processing available). After I-526E approval, consular processing or adjustment of status: 6-12 months. Conditional residence period: 2 years. I-829 removal of conditions processing: 24-36 months (green card extended while pending). Per-country visa caps affect Chinese and Indian nationals, adding potential wait times. Some investors obtain conditional green card within 3 years of initial investment; others face longer timelines due to processing delays and retrogression.
USCIS requires comprehensive documentation proving EB-5 investment capital was obtained through lawful means. Common sources: business income (tax returns, financial statements), real estate sales (contracts, closing documents), stock sales (brokerage statements), gifts (gift letters, donor's source documentation), loans (promissory notes, collateral evidence), inheritance (probate documents, estate records). Documentation must trace capital from origin through investment. Complex sourcing scenarios may require forensic accountants, business valuations, expert affidavits. Insufficient source documentation is leading cause of I-526E denials.
Yes. EB-5 investor's spouse and unmarried children under 21 qualify for derivative green cards. Family members included on I-526E petition or added before visa issuance. Derivatives receive same two-year conditional residence, then convert to permanent residence through investor's I-829 petition. Critical age-out protection: Child Status Protection Act (CSPA) may protect children who turn 21 during processing. Derivatives may work and study in U.S. with green card status. No separate investment required for family members.
Investment risk is inherent to EB-5 program—capital must be at-risk for approval. If project fails after I-526E approval but during conditional residence, investor may still obtain permanent residence if: (1) capital was invested in qualifying manner, (2) investor maintained at-risk capital throughout conditional period, (3) jobs were created or would have been created but for circumstances beyond investor's control. However, project failure before I-526E approval typically results in denial. Investors may lose capital but petition may still be approved if documentation proves compliance. EB-5 is immigration program, not investment guarantee.
Form I-829 (Petition by Entrepreneur to Remove Conditions on Permanent Resident Status) must be filed within 90-day window before two-year conditional residence expires. I-829 demonstrates: (1) sustained investment throughout conditional period, (2) capital remained at-risk, (3) required 10 jobs created. Evidence includes: bank statements, business tax returns, payroll records, I-9 forms, job creation reports, capital account statements. I-829 approval converts conditional residence to unconditional permanent residence (10-year green card). Current I-829 processing: 24-36 months; green card automatically extended while pending.
EB-5 attorney fees in New York typically range from $25,000-$50,000 for complete representation including investment due diligence, source of funds strategy, I-526E petition preparation and filing, RFE responses, adjustment of status or consular processing, and I-829 petition. Complex cases involving multiple source of funds, business valuations, or international investments cost more. USCIS filing fees: $3,675 (I-526E), $1,225 (I-485 per person if adjusting status), $3,750 (I-829). Regional center administrative fees: $40,000-$80,000. Our firm offers transparent EB-5 fee structures.
No. This content is for informational purposes and not legal advice. Consult with a licensed EB-5 visa attorney for advice specific to your situation.
The EB-5 immigrant investor program offers a strategic pathway to U.S. permanent residence for qualified investors. Our experienced EB-5 attorneys provide comprehensive legal guidance from investment due diligence through unconditional green card approval.